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Land Registration Act

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Land Registration Act LAWS OF KENYA LAND REGISTRATION ACT CHAPTER 300 Revised Edition 2012 Published by the National Council for Law Reporting with the Authority of the Attorney-General www.kenyalaw.org [Rev. 2012] CAP. 300 Land Registration CHAPTER 300 LAND REGISTRATION ACT ARRANGEMENT OF SECTIONS PART I – PRELIMINARY Section 1. Short title. 2. Interpretation. 3. Application. 4. Limitation of application. 5. Conflict with other laws. PART II – ORGANISATION AND ADMINISTRATION Land Register, Land Registries and Offices 6. Registration units. 7. Land registry. 8. Community Land Register. 9. Maintenance of documents. 10. Public access to the register. 11. Seal of Registry. 12. Appointment of officers. 13. Qualifications for appointment of Chief Land Registrar. 14. General powers of Land Registrars of Titles. 15. Cadastral map. Maps, Parcels and Boundaries 16. Power to alter boundary lines and to prepare new editions. 17. Approval for further surveys. 18. Boundaries. 19. Fixed boundaries. 20. Maintenance of boundaries. 21. Interference with boundary features. 22. Combinations and subdivisions. 23. Reparcellation. Effect of Registration 24. Interest conferred by registration. 25. Rights of a proprietor. 26. Certificate of title to held as conclusive evidence of proprietorship. 27. Transfer without valuable consideration. 28. Overriding interests. 29. Actual notice. L9 - 3 [Issue 1] CAP. 300 [Rev. 2012] Land Registration Certificates of Title, Certificates of Lease and Searches Section 30. Certificate of title and Certificate of lease. 31. Production of certificates. 32. Dispositions of leases and charges. 33. Lost or destroyed certificates and registers. 34. Searches and copies. 35. Evidence. PART III – DISPOSITION AFFECTING LAND General Principles 36. Dispositions and dealings affecting private land. 37. Transfers. 38. Certificates as to payment of rates. 39. Certificates as to payment of rent. 40. Transfer to take effect immediately. 41. Conditions repugnant to interest transferred. 42. Transfer of part. 43. Instruments of dispositions. 44. Executions of instruments in writing. 45. Verification of execution. 46. Stamping. 47. Minors. 48. Agents and persons under disability. 49. Gift to person under incapacity. Dispositions to Prejudice Creditors 50. Court orders on prejudicial dispositions. 51. Prejudicial dispositions. 52. Dispositions to prejudice creditors may be set aside. 53. Protection of person receiving land. PART IV – LEASES 54. Registration of leases. 55. Lessor’s consent to dealing with leases. PART V – CHARGES 56. Form and effect of charges. 57. Second and subsequent charge. 58. Statutory charge. 59. Lender’s consent to transfer. PART VI – TRANSMISSIONS AND TRUSTS 60. Transmission on death of joint proprietor. 61. Transmission on death of a sole proprietor or proprietor in common. 62. Effect of transmission on death. 63. Transmission on bankruptcy. [Issue 1] L9 - 4 [Rev. 2012] CAP. 300 Land Registration Section 64. Liquidation. 65. Transmission in other cases. 66. Trusts not to be entered. 67. Survivor of trustees PART VII – RESTRAINTS ON DISPOSITION Inhibitions 68. Power of the court to inhibit registered dealings. 69. Effect of inhibition. 70. Cancellation of inhibition. Cautions 71. Lodging of cautions. 72. Notice and effect of caution. 73. Withdrawal and removal of caution. 74. Second caution in respect of the same matter. 75. Wrongful cautions. Restrictions 76. Restrictions. 77. Notice and effect of restriction. 78. Removal and variation of restrictions. PART VIII – RECTIFICATION AND INDEMNITY 79. Rectification by Registrar. 80. Rectification by order of Court. 81. Right to indemnity. 82. Amount of indemnity. 83. Procedure for claiming indemnity. 84. Recovery of indemnity paid. 85. Errors in survey. 86. Review of the decision of the Registrar. 87. Meaning of ‘opportunity of being heard’. 88. Prescribed fees. 89. Recovery of fees and expenses. 90. Summary recovery. PART IX – CO-TENANCY AND PARTITION 91. Meaning and incidents of co-tenancies. 92. Certificate of ownership of co-tenants. 93. Co-ownership and other relationships between spouses. 94. Partition. 95. Ancillary powers of Registrar in connection with partition. 96. Sale of co-owned land. 97. Partition to subject charge. L9 - 5 [Issue 1] CAP. 300 [Rev. 2012] Land Registration PART X – CREATION OF EASEMENTS AND ANALOGOUS RIGHT Section 98. Creation of easement. 99. Cancellation and extinguishment of easements and analogous rights. 100. Enjoyment of easement and analogous rights. PART XI – MISCELLANEOUS 101. Jurisdiction of Court. 102. Fees. 103. Offences. PART XII – SAVINGS AND TRANSITION 104. Saving registers under repealed laws. 105. Transiting title documents. 106. Transitional provisions on rights, liabilities and remedies of parties over land. 107. Savings and transitional provisions with respect to rights, actions, dispositions. 108. Saving and transitional provisions with respect to rules, orders, regulations, directions, notices forms, notifications orders etc. PART XIII – MISCELLANEOUS PROVISIONS General 109. Repeals. 110. Regulations. SCHEDULE – REPEALED LAWS [Issue 1] L9 - 6 [Rev. 2012] CAP. 300 Land Registration CHAPTER 300 LAND REGISTRATION ACT [Date of assent: 27th April, 2012.] [Date of commencement: 2nd May, 2012.] An Act of Parliament to revise, consolidate and rationalize the registration of titles to land, to give effect to the principles and objects of devolved government in land registration, and for connected purposes [Act No. 3 of 2012.] PART I – PRELIMINARY 1. Short title This Act may be cited as the Land Registration Act. 2. Interpretation In this Act, unless the context otherwise requires— “adjudication officer” has the meaning assigned to it in the Land Adjudication Act, (Cap. 284); “adjudication register” has the meaning assigned to it in the Land Adjudication Act; “assignee” means a person to whom an assignment has been made; “borrower” means a person who obtains an advance of money or money’s worth or agrees to fulfill a condition on the security of a charge of that person’s land or lease; “building” means a structure or erection of any kind, whether permanent or temporary, movable or immovable and whether completed or not; “Cabinet Secretary” means the Cabinet Secretary responsible for matters relating to land; “cadastral map” means a map or series of maps referred to under section 15; “caution” means— (a) a notice in the form of a register to the effect that no action of a specified nature in relation to the land in respect of which the notice has been entered may be taken without first informing the person who gave the notice; or (b) a caveat; “certificate of lease” means a certificate of lease in the prescribed form issued under section 30; “certificate of title” means a certificate of title in the prescribed form issued under section 30; L9 - 7 [Issue 1] CAP. 300 [Rev. 2012] Land Registration “charge” means— (a) an interest in land or a lease securing the payment of money or money's worth or the fulfillment of a condition; (b) a sub-charge; and (c) the instrument creating a mortgage or other charge; “Commission” means the National Land Commission established by Article 67 of the Constitution; “community” means a clearly defined group of users of land identified on the basis of ethnicity, culture or similar community of interest as provided under Article 63(1) of the Constitution, which holds a set of clearly defined rights and obligations over land and land-based resources; “corporate body” means a body incorporated under any written law and includes a company, association or body of persons; “co-tenancy” has the meaning ascribed to it by section 91; “Court” means the Environment and Land Court established under the Environment and Land Court Act, 2011, (No. 19 of 2011); “dealing” includes disposition and transmission; “deliver” includes to transmit by post, hand, email, fax or other prescribed medium; “disposition” means— (a) a sale, charge, transfer, grant, partition, exchange, lease, assignment, surrender, or disclaimer and includes the creation of an easement, usufructuary right, or other servitude or any other interest in land or a lease and any other act by an owner of land or under a lease whereby the person’s rights over that land or lease are affected; or (b) an agreement to undertake any such disposition; “dwelling house” means a house, part of a house or room used as a separate dwelling in any building and includes a garden or other premises within the cartilage of and used as a part of any such dwelling house; “easement” has the meaning ascribed to it by the Land Act; “effective date” means the commencement date of this Act; “file” means place in the relative parcel file; “Gazette” means Kenya Gazette and County Gazette; “geo-reference” means the reference of an object using a specific location either on, above or below the earth’s surface; “head lease” means a lease in respect of which a sublease is entered into; “inhibition” means an order made under section 70, or a prohibition; [Issue 1] L9 - 8 [Rev. 2012] CAP. 300 Land Registration “instrument” means— (a) any writing, including an enactment that creates or affects legal or equitable rights or liabilities; (b) any covenant or condition expressed in an instrument or implied in a instrument under this or any other enactment relating to land; or (c) any variation of an instrument, except where otherwise provided; “interest” means a right in or over land; “land” has the meaning assigned to it under Article 260 of the Constitution; “land administration” means the process of determining,
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